New York City Files Motion to Intervene on Behalf of EPA's Right to Regulate Greenhouse Gas Emissions from Existing Power Plants

October 8, 2019

30 States and Local Governments Seek to Intervene to Defend EPA’s Authority to Limit Greenhouse Gas Emissions 
 
Today, New York City, joining a coalition of 30 states and local governments led by New York Attorney General Letitia James, filed a motion to intervene in order to defend the Environmental Protection Agency’s (EPA’s) authority to establish meaningful emission limits on greenhouse gases from existing power plants and other industrial sources. The intervention pushes back against industry challenges to EPA’s authority under section 111(d) of the Clean Air Act to limit these emissions.

“The City of New York is proud to join states and cities across the country in rigorously defending EPA’s lawful authority under the Clean Air Act to regulate the emission of greenhouse gases against baseless challenges brought by the fossil fuel industry,” said Acting Corporation Counsel Georgia M. Pestana.

The motion to intervene, filed in cases brought against EPA by several coal mining companies and other industry interests in the U.S. Court of Appeals for the District of Columbia Circuit, is separate and distinct from a lawsuit filed by the state and municipal coalition against EPA over its roll-back of the Clean Power Plan, the first-ever nationwide limits on one of the largest sources of climate change pollution – existing fossil-fueled power plants. The EPA’s proposed rule rolling back the Clean Power Plan, the “Affordable Clean Energy” rule, will have virtually no impact on these emissions, prolonging the nation’s reliance on polluting, expensive coal power plants and obstructing progress made by states toward clean, renewable, and affordable electricity generation. The lawsuit brought by states and local governments contends that the rule change is unlawful and should be prevented from being implemented, and that EPA has not only the authority to limit greenhouse gas emissions from existing power plants but the affirmative obligation to ensure that compliance with the Clean Air Act is based on the emissions reductions achievable through the “best system of emission reduction.”

Joining New York City Acting Corporation Counsel Georgia Pestana and New York Attorney General Letitia James in today’s motion to intervene are the Attorneys General of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, Nevada, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, and the District of Columbia, and the chief legal officers of Boulder, Chicago, Denver, Los Angeles, Philadelphia, and South Miami.

Contact: Nick Paolucci (212)356-4000